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Mar 15, 2018

Under scrutiny: Arbitration clauses at the office

When Microsoft announced in December that it was removing language from contracts signed by some of its employees that required them to pursue any sexual harassment claims against the company through binding arbitration rather than through the court system, it was going decidedly against the grain of national trends. According to a study published last […]

Jan 24, 2018

Contract – Arbitration waived by merits-based litigation

Degidio v. Crazy Horse Saloon & Rest. Inc. (Lawyers Weekly No. 001-019-18, 16 pp.) (Wilkinson, J.) No. 17-1145, Jan. 18, 2018; DSC at Florence (Hendricks, J.) 4th Cir. Holding: An exotic dance club could not enforce arbitration agreements it obtained from its entertainers when it used those agreements as an “insurance policy” for merits-based litigation, the court of […]

Oct 6, 2017

Law firm settles suit against ex-shareholder

The law firm of Martin & Jones, which has three locations in North Carolina, has settled a suit against a former shareholder — after a state Business Court judge held that the firm misinterpreted a provision in its own operating agreement.

Aug 15, 2017

Insurance — No Arbitration of Reinsurance Agreement

  Minnieland Private Day School Inc. v. Applied Underwriters Captive Risk Assurance Co. (Lawyers Weekly No. 001-172-17, 18 pp.) (Wynn, J.) No. 16-1511, Aug. 11, 2017; USDC at Alexandria, Va. (Trenga, J.) 4th Cir. Holding: The 4th Circuit upholds a district court’s denial of appellant underwriters company’s motion to compel arbitration of its dispute with […]

Jan 25, 2017

Labor & Employment – Arbitration Awards Affirmed, But No Fees

Brown & Pipkins LLC v. Service Employees Int’l Union, Local 32BJ (Lawyers Weekly No. 001-017-17, 26 pp.) (Diaz, J.) No. 15-1931, Jan. 23, 2017; USDC at Alexandria, Va. (Hilton, J.) 4th Cir. Holding: The 4th Circuit upholds four labor arbitration awards for a union against a janitorial services company for violations of the parties’ collective […]

Nov 30, 2016

Contract – Employer Failed to File Arbitrator Preferences

UBS Financial Services Inc. v. Padussis (Lawyers Weekly No. 001-167-16, 15 pp.) (Wilkinson, J.) No. 15-2148, Nov. 22, 2016; USDC at Baltimore, Md. (Quarles, J.) 4th Cir. Holding: A financial services company cannot overturn an arbitration award of $900,000 in compensatory damages to its former employee on the ground that it should have been granted […]

Oct 5, 2016

$450K arbitration award for injured driver

An arbitration panel has awarded $450,000 to a man who was injured in a traffic crash in New Hanover County. Ronald Neder argued that he sustained a mild traumatic brain injury when his car collided with a vehicle that pulled out in front of him. The other driver, Kimberly Miller, initially denied negligence. She asserted […]

Jul 27, 2016

Civil Practice – Statute of Limitations – Set-Off & Recoupment – Arbitration – Corporate – Receivership

In re Southeastern Eye Center – Pending Matters (Lawyers Weekly No. 020-054-16, 18 pp.) (Louis Bledsoe III, J.) 2016 NCBC 57 Holding: Although two of the defendant-employee’s counterclaims are denominated as claims for set-off, the court concludes that these counterclaims – for breach of the parties’ employment contract and violation of the Wage and Hour […]

Jul 6, 2016

Arbitration — Domestic Relations – Consent Order – Evidentiary Error – Waiver

Eisenberg v. Hammond (Lawyers Weekly No. 011-220-16, 13 pp.) (Donna Stroud, J.) Appealed from Wake County District Court (Anna Worley, J.) N.C. App. Holding: Pursuant to paragraphs 11 and 15 of the parties’ arbitration agreement, the arbitrator should not have excluded defendant from the testimony of the parties’ daughter; nevertheless, under paragraph 20 of the […]

Apr 13, 2016

Consumer Protection – Arbitration Order Based on Loan Payments

Galloway v. Santander Consumer USA Inc. (Lawyers Weekly No. 001-066-16, 29 pp.) (Traxler, J.) No. 15-1392, April 8, 2016; USDC at Baltimore, Md. (Blake, J.) 4th Cir. Holding: Although defendant lender asked for monthly car payments 86 cents higher than the reduced amount stated in the amended sales contract plaintiff signed and returned to the […]

Mar 30, 2016

Arbitration – Court Decides on Class-Claim Arbitration

Dell Webb Communities Inc. v. Carlson (Lawyers Weekly No. 001-061-16, 23 pp.) (Diaz, J.) No. 15-1385, March 28, 2016; USDC at Beaufort, S.C. (Blatt, J.) 4th Cir. Holding: A district court erred in holding that it was up to an arbitrator to decide whether plaintiffs could arbitrate class-action claims against defendant Pulte Group arising from […]

Mar 16, 2016

Labor & Employment – Labor Arbitrator Should Decide Remedy

Peabody Holding Co. LLC v. United Mine Workers of America (Lawyers Weekly No. 001-053-16, 19 pp.) (Wilkinson, J.) No. 14-2032, March 8, 2016; USDC at Alexandria, Va. (Brinkema, J.) 4th Cir. Holding: In this dispute between the United Mine Workers union and the Peabody Coal Company, the district court acted prematurely in confirming an arbitrator’s […]

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